ICE OUT Act: Stripping Immunity

After Minneapolis killing, Congress moves to end qualified immunity for ICE agents.

TL;DR: Following the January 7 fatal shooting of Renee Good by an ICE agent in Minneapolis, Congress is moving to strip qualified immunity from federal immigration officers. Rep. Eric Swalwell (D-CA) and Rep. Dan Goldman (D-NY) announced the "ICE OUT Act" on January 9. Senator Ed Markey (D-MA) and Rep. Ayanna Pressley (D-MA) introduced the broader "Qualified Immunity Abolition Act" on January 13. Both bills would allow civil rights lawsuits against ICE agents. Neither bill will pass the Republican-controlled Congress, but they signal a new push for accountability.

Two Bills, Same Goal

Within a week of Renee Good's death, Democrats introduced two pieces of legislation targeting qualified immunity for federal agents:

ICE OUT Act (House)

Sponsors: Rep. Eric Swalwell (D-CA) and Rep. Dan Goldman (D-NY)[1]

Announced: January 9, 2026

What it does:

  • Removes qualified immunity specifically from ICE agents
  • Eliminates protection for officers acting "outside the scope of their duties"
  • Replaces subjective "I believed I was following orders" standard with objective "reasonable person" standard
  • Opens agents to both civil lawsuits and criminal prosecution

Goldman was blunt about the trigger: "ICE's authority is limited to investigating and civilly arresting migrants for immigration violations. Trying to remove someone from their vehicle is not within that scope."

Swalwell called Good's death "murder."

Qualified Immunity Abolition Act (Senate)

Sponsors: Senator Ed Markey (D-MA) and Rep. Ayanna Pressley (D-MA)[2]

Introduced: January 13, 2026

What it does:

  • Broader scope: covers all federal law enforcement officers, not just ICE
  • Grants victims the right to sue federal officers for civil rights violations
  • Abolishes qualified immunity as a defense in such lawsuits
  • Builds on previous "Ending Qualified Immunity Act" bills from 2020 and 2025

Markey linked the bill directly to Minneapolis: "After the murder of Renee Good... we have to make clear that federal officers cannot break the law with impunity."

What Qualified Immunity Actually Means

Here's why these bills matter. Qualified immunity is a legal doctrine (invented by the Supreme Court, not passed by Congress) that shields government officers from lawsuits unless they violated "clearly established" rights.

In practice, "clearly established" requires finding a previous case with nearly identical facts where a court ruled the exact same conduct unconstitutional. No exact match? Immunity granted.

Example: ICE agent detains a U.S. citizen despite seeing their birth certificate. Lawsuit filed. Agent's defense: "No prior case said detaining a citizen twice despite identity documents was unconstitutional in this jurisdiction." Court: Qualified immunity granted. Case dismissed.

This is why we've called qualified immunity the shield that makes ICE accountability impossible. The Minneapolis shooting just made that reality impossible to ignore.

The Political Reality: Dead on Arrival

Neither bill will pass the current Congress. Republicans control both chambers. Many actively support expanding, not eliminating, qualified immunity.

House Barrier

Republican majority. Not only won't they vote for ICE OUT Act, they've previously introduced bills to codify and strengthen qualified immunity.

Senate Barrier

Republican control plus filibuster. Even if all Democrats supported it (not guaranteed), they'd need 60 votes to advance.

White House Opposition

Trump administration has actively supported qualified immunity. Deputy Chief of Staff Stephen Miller told ICE agents they have "federal immunity." DOJ won't prosecute.

Law professor Jonathan Turley called the ICE OUT Act "utter madness." Critics argue it would expose agents to "legal warfare" and discourage them from taking necessary enforcement actions.

The bills are messaging, not legislation. But messaging matters. They establish a political record. They signal what a future Democratic majority might do. They keep the issue alive.

State-Level Workarounds

If federal qualified immunity won't fall, can states do anything?

New York Governor Kathy Hochul is advocating for legislation that would let New York residents sue ICE agents in state court for state civil rights violations. This approach (called "converse 1983") would bypass federal protections by creating liability under state law.[3]

The theory: federal agents should be liable in state courts for violating federal civil rights laws, just as state officers are liable in federal courts under Section 1983.

Other states exploring similar approaches:

  • Illinois: Considering banning masked federal officers operating in the state
  • Maryland: Exploring state-level accountability measures
  • New Jersey: Proposing to bar officers who engaged in misconduct from future state or local employment

Four states have already eliminated qualified immunity for state and local police (Colorado, Montana, Nevada, New Mexico). But those reforms don't touch federal agents. The state workarounds are attempts to fill that gap.

Do ICE Agents Actually Have Immunity?

Short answer: practically yes, legally it's complicated.

Stephen Miller told ICE agents they have "federal immunity in the conduct of your duties." PolitiFact rated this "Mostly False."[4]

What's legally true:

  • Qualified immunity isn't absolute: it only protects agents acting within lawful authority
  • Agents who commit clear constitutional violations can theoretically be sued
  • State and local police can theoretically arrest federal agents for crimes

What's practically true:

  • "Clearly established" standard almost always blocks lawsuits
  • Trump's DOJ won't prosecute ICE agents (their own lawyers say "zero chance")
  • State/local police rarely arrest federal agents (professional courtesy, political pressure)
  • Bivens actions (suing federal agents) have been gutted by Supreme Court

Miller was wrong on the law. He was right about the outcome. ICE agents operate with de facto immunity regardless of what the doctrine technically says.

What Would These Bills Actually Change?

If the ICE OUT Act or Qualified Immunity Abolition Act somehow passed:

For Victims

  • Could file civil lawsuits against individual agents
  • Agents couldn't hide behind "clearly established" defense
  • Monetary damages from agent's personal assets, not just taxpayer-funded settlements
  • Personal liability would create actual deterrent

For ICE Agents

  • Personal financial liability for constitutional violations
  • Likely need personal liability insurance
  • Incentive to follow constitutional limits
  • Union pushback and likely legal challenges

For Enforcement

  • Agents might hesitate before dubious arrests
  • More emphasis on training and procedure
  • Fewer warrantless raids, more judicial oversight
  • Or, critics argue, reduced enforcement effectiveness

The debate comes down to this: Should federal agents face personal consequences for violating constitutional rights? Democrats say yes. Republicans and law enforcement unions say it would cripple immigration enforcement.

What You Can Do

Contact Your Representatives

Tell your members of Congress you support ending qualified immunity. Even if they're Republicans, constituent pressure matters for the record.

Support State-Level Action

State workarounds might be more achievable than federal reform. Push your state legislators to create state-court accountability for federal agents.

Know Your Rights

Since accountability is limited, prevention matters more. Know your rights during ICE encounters. Don't open doors for I-200 warrants.

Document Everything

If you witness ICE misconduct, document it. Even if lawsuits fail, documentation matters for political campaigns, press coverage, and future reform efforts.

The Bottom Line

Renee Good was shot and killed by an ICE agent on January 7. Within a week, two bills were introduced to strip qualified immunity from federal immigration officers.

Neither bill will pass. Not with this Congress. Not with this administration.

But that's the point. The Minneapolis shooting made qualified immunity a political issue again. The ICE OUT Act and Qualified Immunity Abolition Act are markers, forcing Republicans to vote against accountability, forcing Democrats to vote for it, creating a legislative record for the next administration.

Qualified immunity wasn't created by Congress. It was invented by judges. Congress could end it tomorrow if there were votes. Right now there aren't. These bills are about changing that math.

Renee Good can't be brought back. But if her death leads to accountability for the next agent who crosses the line, something will have changed.

Until then: qualified immunity stands. ICE agents operate with practical impunity. And the surveillance technology that makes mass enforcement possible continues expanding without meaningful oversight.

References

  1. Washington Times - Swalwell, Goldman Introduce ICE OUT Act (January 2026)
  2. Senator Markey Press Release - Qualified Immunity Abolition Act of 2026 (January 13, 2026)
  3. Washington Post - New York Explores State-Level ICE Accountability (January 2026)
  4. PolitiFact - Stephen Miller's Federal Immunity Claim Rated Mostly False (October 2025)
  5. American Immigration Council - Barriers to ICE Accountability
  6. The New Republic - ICE OUT Act Introduced After Minneapolis Shooting (January 2026)